Has the 'POTBELLY' mark with registration number 2,178,589 for Potbelly Sandwich Works been renewed?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
| MARK | REGISTRATION NUMBER | REGISTRATION DATE | AFFIDAVITS OF USE AND INCONTESTABILITY FILED? | REGISTRATION RENEWED? |
|---|---|---|---|---|
| “POTBELLY” | 2,178,589 | 08/04/1998 | Yes | Yes |
Source: Item 13 — TRADEMARKS (FDD pages 51–54)
What This Means (2025 FDD)
According to Potbelly Sandwich Works's 2025 Franchise Disclosure Document, the "POTBELLY" mark with registration number 2,178,589 has been renewed. The trademark was initially registered on August 4, 1998, and Potbelly Sandwich Works has filed the necessary affidavits of use and incontestability. This indicates that Potbelly Sandwich Works has taken the steps required to maintain the trademark's validity. This is a positive sign for prospective franchisees, as it demonstrates that Potbelly Sandwich Works is actively protecting its brand identity. Trademarks are valuable assets for franchise systems, as they help customers easily identify the source of goods and services.
The FDD also states that PSW, LLC, an affiliate of Potbelly Sandwich Works, owns the trademarks and has registered them with the United States Patent and Trademark Office (USPTO). PSW, LLC has licensed Potbelly Sandwich Works to use and sublicense the marks in its franchise program. The initial term of the license agreement is 20 years, with three successive 10-year renewal terms if Potbelly Sandwich Works is not in default of its obligations. This arrangement ensures that Potbelly Sandwich Works has the right to grant franchisees the right to use the trademarks.
Potbelly Sandwich Works also states in the FDD that franchisees must adhere to specific rules when using the trademarks, including providing proper notices of trademark registration. Franchisees are prohibited from using the marks in their corporate or legal business names, with unauthorized modifications, or in connection with unauthorized services or products. They also cannot use the marks as part of any domain name or electronic address. These restrictions are typical in franchising, as franchisors need to maintain consistent brand standards across all locations. Franchisees should carefully review these rules to ensure they comply with Potbelly Sandwich Works's trademark usage guidelines.